Hasen Ali And Ors vs The State Of Assam And Ors

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GAHC010123212026

2026:GAU-AS:9118
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3249/2026
HASEN ALI AND ORS
S/O- LT. ABDUS SABUR,
R/O- CHARUABAKHRA, P.S- CHAPAR, DIST- DHUBRI, ASSAM, PIN-783348.
2: AJIM UDDIN
S/O- SATTAR ALI
R/O- CHARUABAKHRA
P.S.-CHAPAR
DIST- DHUBRI
ASSAM PIN- 783348.
3: HALIMA BIBI
W/O- LT. ABDUS SOBUR.
R/O- CHARUABAKHRA
P.S- CHAPAR DIST.-DHUBRI
ASSAM
PIN- 783348
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
DISPUR, GHY-06.
2:THE SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR GHY-06.
3:THE DISTRICT COMMISSIONER
DHUBRI ASSAM PIN-783301
4:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE)
DHUBRI ASSAM

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5:THE CO DISTRICT COMMISSIONER
BILASIPARA DIST. DHUBRI
ASSAM PIN-783348.
6:THE ASSAM POWER DISTRIBUTION COMPANY LTD (APDCL)
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR
BIJULEE BHAWAN PALTANBAZAR
GHY DIST.- KAMRUP (M)
ASSAM GHY-781001.
7:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF POWER DISPUR GHY-06.
8:THE CIRCLE OFFICER
CHAPAR REVENUE CIRCLE
DIST. - DHUBRI
ASSAM
PIN-783371
Advocate for the Petitioner : MR. M U MONDAL, A A AHMED,MR. A W MONDAL,MR A
ALIM SK,MR K ISLAM
Advocate for the Respondent : GA, ASSAM, SC, APDCL,SC, REVENUE

BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
JUDGMENT
22.06.2026

Heard Mr. M.U. Mondal, learned counsel for the petitioners; Mr. D. Nath, learned Senior
Government Advocate, Assam for the respondent nos. 1, 3, 4, 5, 7 & 8; Mr. A. Bhattacharya,
learned Standing Counsel, Revenue & Disaster Management Department for the respondent
no. 2; and Ms. S. Baruah, learned counsel on behalf of Mr. B. Das, learned Standing Counsel,
APDCL for the respondent no. 6.

2. The petitioners have stated that either they or their grandparents or parents were
allotted plots of land measuring 1 Bigha each for homestead purpose at Village –
Charuabakhra Jungle Block, Chapar Revenue Circle, District - Dhubri, Assam in the years

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1987, 1989 and 2005 respectively. On being allotted the plots of land, the family of the
petitioners started residing in those plots of land.

3. However, in a Meeting held on 26.01.2025 of the jurisdictional Land Advisory
Committee of Bilasipara Co-District, a huge parcel of lands has been allotted in favour of the
respondent Assam Power Distribution Limited [APDCL] for the purpose of setting up a power
plant.

4. Thereafter by a notice dated 12.06.2025 issued under the hand of the respondent no.
4, the petitioners were informed that the allotment certificates issued to them or to their
predecessors were cancelled due to non-conformity of the stipulated terms and conditions as
laid down in the allotment certificates, without informing the terms and conditions which are
stated to be violated. By the notice, the petitioners were informed that the following parcels
of Government land have been allotted to the APDCL for a power plant project :-

[i] 100 Bighas 0 Katha 0 Lessa [100B-0K-0L] covered by Dag no. 1, 758 Bighas 0 Katha 0
Lessa [758B-0K-0L] covered by Dag no. 70 and 500 Bighas 0 Katha 0 Lessa [500B-0K-0L]
covered by Dag no. 117 of Village – Charua Bakra Jungle Block.
[ii] 200 Bighas 0 Katha 0 Lessa [200B-0K-0L] covered by Dag no. 2, 140 Bighas 0 Katha 0
Lessa [140B-0K-0L] covered by Dag no. 206 and 85 Bighas 0 Katha 0 Lessa [85B-0K-0L]
covered by Dag no. 5 of Village – Santoshpur.
[iii] 355 Bighas 0 Katha 0 Lessa [355B-0K-0L] covered by Dag no. 232 and 68 Bighas 0
Katha 0 Lessa [68B-0K-0L] covered by Dag no. 110 of Village – Chirakuta Part-I.
[iv] 194 Bighas 2 Kaghas 15 Lessas [194B-02K-15L] covered by Dag no. 202 of Village –
Noonmati Part-I.

5. By the notice, the petitioners were asked to show cause and to file representation
along with supporting documents within a period of fifteen days on the premise that their
occupation on the parcels of land was unauthorized and illegal. In the meantime, the
petitioners had already submitted applications for the notified public service, ‘Conversion of
Allotment of Certificate to Periodic Patta’ before the Designated Public Servant under the

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provisions of the Assam Right to Public Services Act, 2012 and receipt of those applications
were duly acknowledged. The acknowledgement receipts are annexed as Annexure-3 series
to this writ petition.

6. As per the acknowledgement receipts, the notified public service, ‘Conversion of
Allotment of Certificate to Periodic Patta’ was to be extended to the petitioners within a
period of ninety days from the date of the application. Therefore, the petitioners were waiting
for the outcome of their applications. The petitioners have stated that despite submission of
their applications in the month of February, 2025 and elapse of the statutory period of ninety
days for consideration, neither the notified public service had been extended to the
petitioners nor any speaking order had been passed, as mandated by the provisions of the
Assam Right to Public Services Act, 2012, as amended.

7. In this connection, it is relevant to refer to a Notification dated 09.07.2024 of the
Revenue & Disaster Management Department, Government of Assam which was published in
the Official Gazette on 12.07.2024. By the Notification dated 09.07.2024, ‘Conversion of
Allotment of Certificate to Periodic Patta’ has been notified as a public service under the Right
to Public Services Act. The relevant parts of the Notification read as under :-

Name of Service :- Conversion of Allotment of Certificate [AC] to Periodic Patta [PP]

Service Conversion to AC to PP
Eligibility Criteria Applicants, who have been allotted Land by the Government
as per extant policy and rules, can apply for conversion of
Allotment Certificates to Periodic Patta.
Documents
1. Allotment Certificate.
Required
2. Legal heir document [in case allottee has expired]
DPS DC
Timeline [in days] 90
LRA – LRS – CO – ADC – DC

LRA LRS CO ADC DC
Workflow
Working Timeline 30 5 15 5 5

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[in days]
Revert/Descalation
10 - 5 5 10
Timeline [in days]
First Appellate
DLR&S
Authority
Stipulated time for
30
First Appellate
Authority
Second Appellate
AAT/RTPS Commission
Authority
Stipulated time for
60
First Appellate
Authority
Fees [in Rs.] 500/-


8. As per Section 8 of the Assam Right to Public Service Act, 2012 which has provided for
a remedy of appeal, any person who, does not get notified service within the stipulated
time limit specified under Section 4 or is aggrieved by a decision of the Designated Public
Servant, may, within 30 days from the expiry of the stipulated period or from the date of
st
receipt of such decision, as the case may be, prefer an appeal to the 1 Appellate Authority
st
notified under sub-section [3] of Section 4. It is provided that the 1 Appellate Authority may
admit the appeal after the expiry of 30 days if he or she is satisfied that the Appellant was
prevented by sufficient cause from filing the appeal in time. The Appellate Authority may
order the Designated Public Servant to provide the notified service within the stipulated time
limit as specified in the notification under Section 4 for that service or may reject the appeal
and in case of rejection of the appeal, the Appellate Authority shall record the reasons in
writing for rejection of the appeal in his order. Before deciding the appeal, the Appellate
Authority shall have to give reasonable opportunity of being heard to the Appellant as well as
the Designated Public Servant. The Applicant aggrieved by any order of the Appellate
Authority, may make a Second Appeal within sixty days from the date of receipt of the order

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of the Appellate Authority in the appeal before the Commission.

9. As the grievance raised by the petitioners in the present writ petition is with regard to
non-disposal of their applications submitted for the notified public service, ‘Conversion of
Allotment Certificate to Periodic Patta’, the petitioners have an alternative, adequate and
st
statutory remedy of preferring an appeal before the 1 Appellate Authority, that is, the
Director of Land Records & Surveys, Assam. Therefore, the writ petition in the given fact and
circumstances and in view of availability of the alternative, adequate and statutory remedy, is
not entertained, reserving the liberty to the petitioners to avail the remedy of appeal under
Section 8 of the Assam Right to Public Services Act. If the petitioners intend to prefer such
st
appeal, then the same shall be filed before the 1 Appellate Authority, that is, the Director of
Land Records & Surveys, Assam within a period of thirty days from today and on filing of
st
such appeal, the 1 Appellate Authority shall entertain the appeal and consider the same on
its own merits within time period prescribed in the Assam Right to Public Services Act. As the
petitioners have raised an apprehension that the respondent authorities are contemplating
st
their eviction, the 1 Appellate Authority shall also consider such prayer for interim relief, if
sought for by the petitioners on merits and may pass an interim order, as permissible in law.
It is needless to mention that the appeal is to be disposed of by passing a speaking order.

10. With the observations made and direction given above, the writ petition is disposed of.

JUDGE
Comparing Assistant
Digitally signed by Rupam
Basumatary
Date: 2026.06.25 10:04:56 +05'30'